A warranty deed is a legal document that transfers real estate ownership and includes the seller's promises about the title. If certain title problems surface after closing, those promises give the buyer a claim against the seller.
How much protection you get depends on the type. A general warranty deed makes broader promises than a special warranty deed.
Neither one erases title defects or replaces title insurance.
Warranty Deed Basics
| Feature |
What to Know |
| Definition |
A legal document transferring real estate ownership with specified warranties concerning title |
| Grantor |
The person or entity transferring the property, typically the seller |
| Grantee |
The person or entity receiving the property, typically the buyer |
| General Warranty Deed |
Provides broad warranties that can extend to title defects predating the seller's ownership |
| Special Warranty Deed |
Generally limits the warranties to claims arising through or under the seller |
| Quitclaim Deed |
Transfers whatever ownership interest the grantor has, if any, without warranties of title |
| Title Insurance |
Separate insurance that can protect against certain covered title defects and claims |
| Recording |
The deed is generally submitted to the local land records office after the transfer |
Warranty deed rules vary by state, so check your state's requirements.
What Is a Warranty Deed in Real Estate?
A warranty deed transfers ownership and makes legal promises about the title. The deed is the document; title is the ownership itself. See the difference between deed and title.
Suppose you're buying a $350,000 home. The seller signs a general warranty deed promising they own the property, have the right to sell it and will defend your title against covered claims.
If someone later proves a valid ownership claim, you can sue the seller for breach.
Who Is the Grantor on a Warranty Deed?
The grantor is the person or entity transferring the property, usually the seller. If Sarah sells her home to James, Sarah is the grantor and makes the deed's warranties.
Who Is the Grantee on a Warranty Deed?
The grantee receives ownership. In the example, that's James. See grantor vs. grantee in real estate for more.
What Is a General Warranty Deed?
A general warranty deed's promises aren't limited to the years the seller owned the property.
Say your seller owned the house for five years. After closing, you find a valid, undisclosed lien tied to an earlier owner's debts.
A general warranty deed lets you pursue your seller, even though the problem predates them.
What Does a General Warranty Deed Guarantee?
General warranty deeds traditionally include these covenants, or legally enforceable promises:
- Covenant of seisin: The grantor owns the interest they claim to convey.
- Covenant of the right to convey: The grantor has legal authority to transfer it.
- Covenant against encumbrances: The property is free of undisclosed encumbrances, except those listed.
- Covenant of quiet enjoyment: No one with a lawful claim will disturb your possession.
- Covenant of warranty: The grantor will defend title against qualifying claims.
- Covenant of further assurances: Where recognized, the grantor will take steps to fix certain defects.
Not every state recognizes all six. Ohio Revised Code Section 5302.06 defines Ohio's general warranty covenants. They include that the grantor is "lawfully seized in fee simple" and the property is free from all encumbrances.
Under Florida Statutes Section 689.03, a deed in the state's statutory form carries full common-law covenants. They apply even when they aren't written out.
Does a General Warranty Deed Guarantee Clear Title?
No. The deed can list exceptions that stay with the property, and hidden defects can exist at closing.
A warranty gives you a remedy, not a cure. It's only worth what the seller can pay, and time limits apply.
What Is a Special Warranty Deed?
A special warranty deed covers only claims arising through or under the seller. It makes no promises about earlier owners.
Say a company owns a commercial building for three years, then sells it with a special warranty deed. It stands behind problems from its own ownership, not before.
Estates, banks and other institutional sellers often use these deeds in home sales too.
What Is a Limited Warranty Deed?
Some states use this term for a deed similar to a special warranty deed. Ohio Revised Code Section 5302.07 provides a statutory limited warranty deed form. The grantor defends title against claims "by, through, or under the grantor, but against none other."
California's standard grant deed works much the same way. Under Civil Code Section 1113, the word "grant" implies two promises. The grantor hasn't already conveyed the property to someone else. And the property is free of encumbrances created by the grantor or anyone claiming under them.
According to the California Department of Real Estate, a grant deed doesn't promise the grantor owns the property.
General Warranty Deed vs. Special Warranty Deed
The difference is how far back the seller's promises reach.
| Feature |
General Warranty Deed |
Special Warranty Deed |
| Transfers Ownership |
Yes |
Yes |
| Promises Concerning Title |
Broad |
Limited |
| Claims From Earlier Owners |
May be covered |
Generally outside limited warranties |
| Claims Arising Through the Seller |
Generally covered when an applicable covenant is breached |
Generally covered when an applicable covenant is breached |
| Title Insurance |
Separate protection |
Separate protection |
Example: A Title Problem From a Previous Owner
You buy a home for $325,000. After closing, someone proves an ownership claim from before your seller bought the property.
With a general warranty deed, the seller is on the hook. With a special warranty deed, the seller isn't, because the problem didn't arise through them.
Either way, an owner's title insurance policy can cover the claim.
Warranty Deed vs. Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor has, if any, with no promises. If the grantor owns nothing, you get nothing. Read more on how a quitclaim deed works.
| Feature |
Warranty Deed |
Quitclaim Deed |
| Purpose |
Transfers an interest with title warranties |
Transfers whatever interest exists |
| Ownership Promises |
Applicable covenants |
Generally none |
| Protection Against Title Defects |
Potential remedies for breach |
Generally no deed-based warranty remedies |
| Common Uses |
Agreed title warranties in property sales |
Some family transfers, ownership changes and title corrections |
| Releases Mortgage Debt |
No |
No |
When Is a Quitclaim Deed Used?
Quitclaim deeds suit transfers between spouses, moves into a trust and title cleanups.
They don't remove anyone from a mortgage. A departing borrower stays liable until the loan is paid off or the lender releases them.
What Does a Warranty Deed Protect Against?
A warranty deed gives you a remedy when a title problem breaks the grantor's covenants.
Ownership Claims
Someone may claim ownership through an earlier transfer, a defective deed or another legal interest. If that breaches a warranty, you have a claim against the grantor.
Undisclosed Liens
Mortgages, judgment liens and unpaid property taxes all cloud title. Under a general warranty deed, an unlisted lien breaches the covenant against encumbrances.
Restrictions and Easements
Existing easements on the property and recorded restrictions stay with the land. Deeds often convey the home subject to them.
What Doesn't a Warranty Deed Guarantee?
A warranty deed covers legal title, not the property's condition. It doesn't promise:
- That the roof, foundation or plumbing is sound.
- That the appraised value equals the purchase price.
- That zoning permits every intended use.
- That every boundary or acreage statement is accurate.
- That disclosed easements or permitted encumbrances are absent.
- That the seller can pay a judgment.
- That every possible title claim is covered.
Is a Warranty Deed the Same as Title Insurance?
No. A warranty deed holds the seller's promises. Title insurance is a separate contract with an insurer.
One ownership claim can trigger both, but they're separate processes.
| Feature |
Warranty Deed |
Owner's Title Insurance |
| Protection |
Legal promises by the grantor |
Coverage for specified title risks |
| Party Providing Protection |
Grantor |
Title insurer |
| Potential Remedy |
Legal claim for covenant breach |
Defense or payment for a covered claim |
| Limits |
Document, exceptions and law |
Policy terms, exclusions and limits |
The CFPB explains owner's title insurance and the claims it covers.
Does a Mortgage Lender Require Title Insurance?
Yes, most lenders require a lender's title policy. Fannie Mae requires each loan it buys to have a title insurance policy or an acceptable attorney title opinion letter.
A lender's policy protects the lender; an owner's policy protects you. A warranty deed doesn't satisfy a lender's title requirement.
How Does a Warranty Deed Work at Closing?
1. Review the Property's Title
A title company or attorney searches land records for liens and other recorded interests. Problems get cleared before closing.
2. Prepare the Deed
The deed names the grantor and grantee. It includes the legal description, conveyance language, warranties and any exceptions.
3. Execute and Deliver the Deed
The seller signs under state rules. The deed must also be delivered and accepted, often through escrow at closing.
Signing rules differ. Ohio Revised Code Section 5301.01 requires the grantor to acknowledge the deed before a notary or other official. Florida Statutes Section 689.01 requires signing in front of two witnesses.
4. Record the Deed
After closing, the deed goes to the county recorder or register of deeds. Recording gives public notice and protects you against later competing claims.
It doesn't prove the deed is valid.
What Happens If a Warranty Deed Has an Error?
Errors in the legal description, a name or a signature can often be fixed with a corrective deed. Others need extra signatures or a court order.
Can a Warranty Deed Be Reversed?
No. Once a valid transfer happens, the grantor can't take the property back without a new deed or a court order.
Do You Get a Warranty Deed When You Have a Mortgage?
Yes, in many home purchases. Say you buy a $400,000 home with an $80,000 down payment and a $320,000 mortgage. The deed transfers ownership to you at closing.
The mortgage or deed of trust gives the lender a security interest. See mortgagee vs. mortgagor for who's who.
Does a Warranty Deed Mean You Own the Home Free and Clear?
No. You can hold title while the property carries a mortgage lien, easements or restrictions.
What Happens to the Deed After Mortgage Payoff?
The lender records a release, satisfaction or reconveyance of its lien. You don't get a new deed.
How to Get a Copy of Your Warranty Deed
Ask the land records office in the county where the property sits.
- Identify the correct recording office.
- Search by owner name, parcel information or document number.
- Locate the recorded deed conveying the property to the current owner.
- Check the deed type, parties and legal description.
- Request an electronic, printed or certified copy if necessary.
What If You Lose Your Warranty Deed?
Your ownership is unaffected. Order another copy from the public records.
Is a Warranty Deed Required to Sell a House?
No. Depending on state law and the contract, sellers also use special warranty, limited warranty and quitclaim deeds. Some states also use a grant deed or a bargain and sale deed.
The Bottom Line
A warranty deed transfers ownership along with the seller's promises about title. A general warranty deed covers the property's history, while a special warranty deed covers only the seller's ownership. Neither replaces an owner's title insurance policy, so check the deed type and exceptions before closing.
Frequently Asked Questions
What Is a Warranty Deed?
A document that transfers real estate with the seller's promises about title.
What Is a General Warranty Deed?
A deed whose warranties cover title defects, including ones from before the seller owned the property.
What Is a Special Warranty Deed?
A deed whose warranties cover only claims arising by, through or under the seller.
What Is the Difference Between a General and Special Warranty Deed?
General warranties cover the full ownership history. Special warranties cover only the current seller's ownership.
What Is the Difference Between a Warranty Deed and Quitclaim Deed?
A warranty deed contains title promises. A quitclaim deed makes none.
Does a Warranty Deed Prove You Own a House?
It's strong evidence of the transfer. It doesn't rule out competing claims.
Does a Warranty Deed Mean There Are No Liens?
No. Liens and easements listed as exceptions remain.
Is a Warranty Deed Better Than a Quitclaim Deed?
For a buyer, yes. A quitclaim deed still fits family and trust transfers.
Is a Warranty Deed the Same as Title Insurance?
No. The deed holds the seller's promises. Title insurance is a separate policy.
Can You Have a Warranty Deed and a Mortgage?
Yes. The deed transfers ownership, and the mortgage lien secures the loan.
Do You Get a New Warranty Deed After Paying Off a Mortgage?
No. The lender releases its lien instead.
Where Can You Get a Copy of a Warranty Deed?
From the county recorder or register of deeds.
Can a Warranty Deed Be Corrected?
Yes. Most errors take a corrective deed. Some require court action.
Can a Warranty Deed Be Canceled?
Not by one party alone. It takes a new deed or a court order.
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